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1887

corporation

vide a general law for the incorporation of railroads and canals," approved February 19, 1874, as amended by the act approved March 12, 1879, Chapter 3166, Laws of Florida, and To have benefit shall be entitled, upon the completion of each section of six of general inmiles and fraction of a section of six miles at the terminus of law. said railroad, to the lands provided therein, to be conveyed by the Trustees of the Internal Improvement Fund under said Land grant. act as so amended. Actual occupants upon any of the lands here reserved shall not be disturbed, but shall have the right to purchase or homestead the same, at the usual government price, to the extent of eighty acres.

SEC. 8. That said Key of the Gulf Railroad Company shall have power and authority to construct, build and run their Bridges, &c. said road over and across all bays, bayous, rivers, channels and water-ways along the proposed route; Provided, The said road be so constructed so as to admit of ingress and egress by means of drawbridges in all water-ways or channels of greater depth than four [4] feet at low water, and when navigable streams are crossed by said railroad there shall be constructed suitable drawbridges to allow all vessels to pass.

SEC. 9. That the said Key of the Gulf Railroad may and shall have power and authority to construct, maintain and Telegraph operate a telegraph or telephone line, or both, along the entire route of said railroad.

line.

warehouses.

SEC. 10. That the said railroad company shall have authority and power to erect, construct and maintain railroad Wharves and wharves extending to the channel of the harbor of Key West, with warehouses attached, for the use of said railroad, at such point or points on the Island of Key West as may be selected by the Directors of said road, or that may be donated to said company by the city of Key West or by the United States government.

SEC. 11. That as a preliminary survey prior to the actual beginning, the construction and the final completion of the Right of way. said railroad, and the earning of the lands herein before mentioned and referred to, the exclusive right of way along the surveyed route (when made) of said railroad, through the State lands and over the water courses and channels for two hundred (200) feet in width, is hereby granted to the said railroad company, with the right to cut timber and procure the necessary earth and stone from the adjacent land to construct and repair the same; and wherever it is or may be necessary to construct turnouts or sidetracks, the privilege is extended to one hundred feet on each side of the road and of such sidetracks; Provided, The construction of said road is begun with- Commencein one (1) year from the passage of and approval of this act; completion. and the work of said construction is to continue, without in

ment and

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State or Trustees not liable for deficiency

in land grant.

terruption for a period of time longer than ninety days at any one time, until completed. No rights shall vest under this act unless the construction of said railroad shall commence as provided above; and no benefits shall be claimed for or on account of any part of the road constructed after five (5) years from the passage of this act.

SEC. 12. Provided, That nothing contained in this act shall be so construed as to require the State of Florida or the Trustees of the Internal Improvement Fund to cure any titles or to make good any deficiency in the lands granted by this act, and that all lands granted to said company are made subject to all previous grants.

Approved May 31, 1887.

Preamble.

Corporators.

Powers.

CHAPTER 3799-[No. 119.]

AN ACT to Incorporate the Suwannee and Gulf Railroad Company. WHEREAS, The Suwannee and Gulf Railroad Company has, under the General Incorporation Act of this State, made a survey and obtained terminal facilities at Cedar Key, in the county of Levy, State of Florida, of a railroad from New Branford, on the Suwannee river, in the county of Suwannee, through the counties of Suwannee, Alachua and Levy, to the main ship channel at Cedar Key, and are now prosecuting the work with a view of commencing the construction of their said road by the first of October next; Now, to remove and remedy any defect that may exist in the present General Act of Incorporation, so as to enable said company to prosecute its work with greater facility; therefore,

Be it enacted by the Legislature of the State of Florida:

SECTION 1. That Robert Y. H. Thomas, James E. Richards, Fred. A. Wolfe, James S. Bodiford and James O. Andrews, of the State of Florida, and Henry C. Benson, of New York, in the State of New York, their associates and successors, are hereby created a body corporate in perpetuity, under and by the name and style of the Suwannee and Gulf Railroad Company, and by such name shall be capable in law to sue and be sued, to plead and be impleaded, answer and be answered unto in any court of competent jurisdiction, either of law or equity, in the State of Florida; to purchase, receive, retain and enjoy lands and tenements, rights, hereditaments, goods, chattels and effects, choses in action and possession, and of all things necessary for the full exercise of the privileges herein granted; and to give, grant, sell, alien, convey, mortgage, or

in any other manner known to law to dispose of the same; to make and use a common seal, to establish by-laws as may be necessary for the government of said corporation, and generally to do and perform all acts and things necessary to carry into effect fully the objects of this incorporation.

SEC. 2. That the line of said road shall be located, to wit: Beginning at New Branford, on the Suwannee river, in the Ronte. county of Suwannee, or at some point near the Savannah, Florida and Western Railroad, between Branford and Fort White, in said county of Suwannee, and running through the counties of Suwannee, Alachua and Levy to a point on the main ship channel at Cedar Key on the Gulf coast.

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SEC. 3. That the capital stock of said company shall be five hundred thousand dollars, divided into shares of one hundred Capital stock. dollars each; which capital stock may be increased to ten hundred thousand dollars, under such rules and regulations as the Directors of said company may prescribe. Such increase of stock to be approved by a majority of the stockholders at any regular or called meeting.

SEC. 4. That the said company shall have the right of way

and privileges to construct and complete a railroad for the Railroad and transportation of passengers, produce, goods and all other telegraph line. articles of freight, together with a telegraph line along the line

of said road; and the right of way is hereby granted through any State lands for sixty feet on either side of the centre of the road bed of said railroad.

quod damnum.

SEC. 5. In constructing the said railroad it shall and may be lawful for the said railroad company, by its proper agents and Proceeding ad servants, to enter upon and take possession of any lands whatever belonging to the State or to private individuals or corporations which may be necessary for the construction and completion of the work contemplated by its charter; Provided, That lands shall not be taken from private individuals or corporations and appropriated to purposes aforesaid without adequate compensation to the owners thereof; nor shall a street, or any portion thereof, of any municipal corporation be taken or occupied, except for making proper crossings of the same, without the consent of the council of such municipality; nor shall the track of any other railroad be taken or interfered with, further than by making proper crossings of the It shall and may be lawful for said company, in like manner, to take from any lands convenient to said railroad, at all times, such timber, stone or other material as may be necessary for the construction and keeping in repair the same; Provided, That nothing belonging to private individuals or corporations shall be taken without adequate compensation, to be determined as prescribed by law.

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SEC. 6. The company shall have power to receive land or other property as part payment of the subcription to the capital stock at such valuation as may be agreed upon under the to capital stock. rules regulating and the by-laws of said company.

Subscriptions

Land grant.

vest.

SEC. 7. To aid in the construction of said road, the State of Florida hereby grants to this company the alternate sections of lands granted to the State of Florida by the United States, under the act of Congress of September 28th, 1850, lying on each side and within six miles of said line of railroad; Provided, Said company shall comply with the provisions of the Internal Improvement Act as to the manner of constructing the road and draining; Provided further, That said company shall not be required to construct its road with iron of greater weight than fifty pounds to the lineal yard.

SEC. 8. Upon the completion and grading and laying on of When lands to the cross-ties and iron of five miles of said railroad, the title of the alternate sections opposite said five miles of road se graded and ironed shall vest in said company, and a deed therefor shall be issued by the Trustees of the Internal Improvement Fund to said company.

SEC. 9. Upon the filing with the said Board of Trustees by When lands to said company of the survey of the route that may be selected

be withdrawn

from market.

by said company, or any twenty miles thereof, the Trustees shall withdraw at the election of said company or its President the odd or even numbered sections within such limits, along or opposite to the route or section thereof of twenty miles so surveyed, from sale; Provided, That the same shall be restored to sale by the board if the twenty miles so surveyed and filed is not completed within two years from the date of the survey and filing, and to make up the deficiency in said grant of said alternate sections, which deficiency is to be determined by the Trustees of the Internal Improvement Fund, by estimating the same. The said company may select the quantity of land, so found to be due said company, from any even or odd numbered sections lying nearest their line of road, where State lands are obtainable, and within twenty miles on each side of said road or within that distance from its terminal points, from such lands as were granted to the State of Florida by act of the Congress of the United States, September, 1850; Provided, however, That the State of Florida shall not be in any way liable to cure any defects in the titles for deficiency in to the lands in this act granted, nor shall said State of Florida land grant. or the Board of Trustees of the Internal Improvement Fund be held to make good or in any way liable for any deficiency in the quantity of lands granted said company by this act, if it shall be found that there is not a sufficient quantity of such lands within the limits specified to make good this act; And

State or Trus

tees not liable

1887

provided further, That any actual settler who now resides on any land granted by this act, or who may do so, may purchase Actual settlers. any of said land not to exceed one hundred and sixty acres, before the completion of the portion of said road which would entitle said company to said lands, at State prices, and the moneys paid for said land shall enure to said railroad company when that portion of their line shall be completed which would otherwise entitle said company to said land.

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SEC. 10. That the construction of the road herein provided for shall continue as rapidly as practicable, and shall be com- Commencepleted between New Branford and Cedar Key, as provided in pletion. this act, within four years from the passage of this act.

Powers of gen

SEC. 11. That the said company shall be entitled to all privileges, rights and immunities conferred by the general act eral incorporaincorporating railroads and canals, approved February 9th, tion conferred. 1874, and all acts amendatory thereof.

SEC. 12. That no stockholder of this company shall be liable

stockholder.

for the debts and obligations of the company in any greater Liability of sum than is due to the company by him on shares of stock he

holds in the company.

SEC. 13. That all lawful contracts, obligations, acts and doings of the present corporation of the same name, chartered Acts of corporunder the general act, and not inconsistent with this act, be, ators legalized. and the same are hereby, declared legal, binding and of full force, and shall be assumed, performed and carried out by the corporation herein created.

Approved June 2, 1887.

CHAPTER 3800-[No. 120.]

AN ACT to Incorporate the Georgia, Florida and Key West Railway
Company.

Be it enacted by the Legislature of the Stute of Florida:

SECTION 1. Fernando J. Moreno, Isaac A. Stewart and Charles Delano are hereby made and constituted a body corpo- Corporators. rate under the name of the Georgia, Florida and Key West Railway Company, and by and under that name may purchase, Powers. receive and enjoy lands, tenements, goods, chattels and effects; and the same may grant, sell, mortgage, lease and convey; may sue and be sued, plead and be impleaded, contract and be contracted with, make a common seal and alter and amend the same at pleasure; and may make such by-laws as may be necessary for the government of such corporation.

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